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tv   [untitled]    August 30, 2011 10:30pm-11:00pm PDT

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generally a more serious allegation. none of the sustained cases were commissioned of all cases. zero were for neglect of duty. seven were for failure to collect traffic data and the other complaint was sustained for contacting emigrations had customs enforcement about the complaint on an administrative warrant in violation of refuge ordinance. allegation was also sustained and another complaint for failure to issue a certificate of release. for failure to properly processed properlty. the investigator caseload shows an increase over 2010. the average caseload was 28 cases per investigator.
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that is double the best practices caseload of the investigators the investigating police misconduct complaints. as of june 30, 2010, the average was 26 cases. the caseloads are increasing and that is really due to the shortage of investigators that we hope to remedy in the fall. the chief investigator who is in the audience in the senior investigator took a very active role in monthly case reviews and assuming investigative responsibility in select cases. in the area of mediation, 15 cases were mediated during the second corps with a total of 33 cases he did during the first half of 2011.
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these are the equivalent of the investigator's caseload. the participation rate for san francisco police officers is the highest in the country compared to other mediation programs from seattle, denver, chicago, and new york. it is through the continued cooperation of the board and the san francisco bar association that our mediation program continues to thrive. we were active in the presentation. the women of color collective reception, the police academy
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and a 7 it is city college in juvenile procedures cast. and an instituto familiar. we also staff booths at community events in the bayview district. and that the resource fair. in the area, our policy analyst attorney continued the policy work with the police department has a member of the crisis intervention teams. she also continued to meet with the police department on implementing provisions of the department's juvenile protocols. that concludes my report. commissioner marshall: anything
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for the director? commissioner chan: you have also been very busy doing community work which i always appreciate. i wanted to ask about the sustained case about contacting customs enforcement. can you let us know if there is any policy or training recommendations that would be developed? is that being contemplated and down the line? >> in can be complemented -- it can be contemplated for the down the line. it is a training issue. it has to do with the minister of warrants and when an officer should or should not contact ice. commissioner chan: and for the
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administrator of warrants that are criminal in nature, that may not be something that we want to focus on. >> that is prohibited. commissioner marshall: anything else? >> also on the agenda, which is part of your packet, the monthly comprehensive statistical report for january 1, 2011 but unless you have questions, i don't have a report. commissioner marshall: good work as always. >> first, the commission's president report. commissioner marshall: the
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commission president can't report. commissioners, the have anything? >> i think commissioner chan and i have the same thing on our minds at the moment. we completed the training earlier this week. i t as a post program. commissioner marshall: i won't ask what your spurs were -- scores were. >> we did get valuable feedback and we recommended that all commissioners attend this training. we found it very valuable. one of the main aspects of this, when we are looking at policy issues or revealing discipline cases, it helps to have any least just little bit
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of and walked in their shoes kind of experience. and albeit in a very small way, it did give us that in terms of response timing, procedures following procedures, the human reaction in terms of what you see and what you hear under intense circumstances, and it was insightful. and very helpful. at least i recommend it to the commissioners that have not done it yet, by all means, do the training. by the way, we are both very grateful to the department for providing us with this opportunity. and we want to thank them. commissioner chan: i agree.
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i appreciated the chance to go through that training. there were high-ranking members of the department of their helping us understand the fourth options trading. the computer simulation was quite helpful. i could see that there was one involving a woman hallucinating holding a knife, one that looks like a veteran trying to commit suicide by cops. those are perfect scenarios we can use. i can see exactly where the escalation if it's there, because among the various options available at the time, the extended range, there is a whole of verbal and the escalation component in the eye could see him in there and expanding upon the tools
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available to officers in dealing with those types of situations and other ones that are very related. no one was injured and i did not injure anyone else, which was good news. commissioner marshall: i remember when i did it. i of think it has changed, but i will do it again. anything else under item 2d? yes, we move to 2d. >> scheduling of items for future commission meetings. commissioner marshall: any announcements?
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>> the posting of the meeting. commissioner marshall: we will take items b, c, and d. >> i have a very brief comment. i will not get to the report. i will bring up something i have brought up in the past that doesn't seem to be appropriate at any given time. it seems to be underutilized and not used. i have a background as a journalist and a reporter.
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it turns out reporters by the hundreds. they are not used in the investigative division that is understaffed, and there are people that aren't paying $150,000 a year to do clerical work. i have objected to that nonstop, even last year when the police commission is very well organized. i don't think we need a lieutenant commander making $175,000 a year. those are the types of jobs that go for $15 an hour. begin the facts out of cases and turning them over to investigators. to save a lot of time.
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the reporters are city reporters and down the road, we are looking for real jobs. having jobs for the sfpd and the occ. nobody has ever utilized them. on the complaint i have against officer would where he assaulted me for a minute and a half in front of 12 witnesses, i was interviewed by telephone. and that was in. and then it got lost in a reshuffle. no one person came up to me an interview me at all. i did my interviews later by talking to people in the same room. 12 other hall of justice employees, no person can now to talk to them. those are just things i would like to bring up that can not
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only save money for the police department, but also can bring journalists and reporters out here doing a job for you. to help out. because reporters are trained in writing police reports. i have taken a few courses myself, i know what a police report is. so do a lot of reporters and journalists. commissioner marshall: further public comment? lieutenant, you can call item no. 3. >> occ director hicks. commissioner marshall: you have the priority list.
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you have the tiers about how to adjust . if we so choose, the priorities on this list. commissioners can all join in. >> thank you, mr. president. we will see if there are any that he became. -- need to be changed. and get feedback from the public, and get things on the list or not ont he list -- on
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the list that they live like to see the commission give its attention. and then, beyond this, as an individual commissioner, i would like to throw out that the commission, once we set our priorities, we take a systematic look at certain areas within the department and occ to first educate ourselves as well as to get an update on how those divisions with the department's -- department and occ, how they are working, and there are
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crisis items that come up from time to time, and i would like our commission to spend some time thinking about how we as a condition went to handle that. earlier this year, there was the surveillance camera rolls -- cameras that came down, and in some of these events, they are being investigated by various departments and various agencies, but i do not think that that should necessarily preclude the commission from doing its own investigation or looking into those kinds of events. the other matter was the number of cases, like 36 cases megapixels -- 38 cases that da gascon has taken out due to lack
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of evidence. things of that nature that come up, i think that as a commission, we should decide what we are going to do about those things, in terms of our priorities, as well, so -- vice president marshall: we have 3 tiers. can we take away those things? forgive me if we have already done days. . of language access, the things that are there you see. so i believe we a pretty much taken care of the discipline cases under the procedural rules. with that come off of the case? >> mr. president, i think that has been addressed for the time being, but the second part of
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that is yet to come, but i think there probably is not anything that the commission can do at this point in time. but i would not take that moment off of the list. vice president marshall: you would not take it off of the list? you would move it down in the tiers, but you would not take it off of a list of >> -- take it off of the list? so the suggestion would be to move into a different tier? let me just make these suggestions. >> you can keep on the blue note -- keep it on the blue boat -- blow -- blue tier.
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vice president marshall: -- >> this commission has not done much on language access. i just looked at the equal access service compliance report that adrien gave us last week, and the department, while good in some places, is not good in other places, language access, so i think we need to have a hearing about implementing this general order. vice president marshall: do you want to leave it? >> yes. vice president marshall: mental health issues? leave it on the top tier? this other one, we know where we are with that. >> do we want to move that to blue? vice president marshawn: -- marshall: getting with
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commissioner mazzucco. >> i would say to leave that until we can get with commissioner mazzucco. you have been at the commission longer than i have. vice president marshall. -- vice president marshall: that is fine. we all noted for these groups. nightclub violence? personally, i would not move that one, myself, but not everything can be on the top, so we have to make some decisions. commissioner: why do we not get something from the chief on that?
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>> nightclub violence, not that it is not possible, but it has not been a problem of late. i think the clubs are policing themselves better. i think a lot of the conditions being put upon the clubs have been affected. i met with the entertainment commission, and then at the entertainment commission summoned about using some officers in a district sort of fashion for the outside of the clubs, and then some of the automatics, like violence inside the club, that gets you a closure the next night. that seems to have been affected. again, with the numbers of people that we draw from every corridor of the bay area, we do not always of every time we have a big evening here in the city, and most weekends are a big evenings, but i think that the measures we have put in place
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have been better at improving the situation dramatically, so i am happy to report back on things that are in place, things that are different, things that have been done, but i think the fact that it has been done lately, and by lely my three months and a couple of months before that. vice president marshall: a lot of these, i do not have a problem moving into a different tier. >> we were not really able to execute that, so that is something we did what to do. >> community policing, we are doing that right now. >> you will have a community policing general order. we are in the middle of our meetings. one at the central district.
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anyway, they are weekly. we already have been in the bayview in the mission, and now we have one in the central. i believe we have one in the western addition, and then we have another one in the terrev el. we are on schedule to have that to you for consideration. >> we remain on the top tier then. i think i know what this means. the ongoing concern about a possible reduction of sworn officers we talk about it, but i do not know how to address it. what would you want to do with
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it? >> i know we have a succession plan it will all depend on the budget. >> i guess the issue for me would be doing this so we can address them, so i am looking at these that we would calendar first and foremost, i guess. i guess this is an ongoing review of things. >> that is always going to bubble up to the top as we go into budget season. what i would do, and hopefully with the support of the commission, we will work with the board and the mayor's office as much as possible to try to get a minimum of three classes. vice president marshall: it
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seems that is always there, but i do not know how we would address it in some sort of formal way. what are your thoughts? commissioner: when the budget occurs, obviously, but as we go on, in between budgeting times, you mention that we have a succession plan put together? >> provided we get a minimum of three classes per year. i think we can hold the line, as it were, but we went to see an officer that was retiring, and he is 11 months senior to me in the police department, but we have six academy classes between us, which means in 1981, we hired six academy classes, and that when on problem for a period of four or five years. all of those officers are going
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to leave. some of them have obviously left over time, but it is hard to replace six academy classes for a five-year period when they all get to the end, unless you're hiring three to five classes to make up for those officers leaving. vice president marshall note -- marshall: i guess we can leave it there. i do not know how to a particular address that one. unless somebody else? moving to the second tier, i do not see -- brady 2. >> what this is referencing is that there was a bureau order that was last year to respond to the brady concerns. a lot of police departments do not have a brady policy, and we
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need to review the order, see how it is doing, and consider turning it into a department order, because the brady order is temporary, and we should probably have a more permanent brady policy. we are going to work on that. i do not think there was much work done. commissioner: and if i remember, the department wanted to see how the new was working, and then tweak it in the direction of a dgo. >> i do know that there has been at least one appealed and overturned create it is possible that we need to sort of recovery what is appropriate in the way of brady letters, and, again, the judge is so knowledgeable on
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these things, having been a prior supreme court justice that he is probably the best to tell us on how the things we are doing, and i think we're pretty much all up to speed on brady letters, but now, some of the letters are being appealed and overturned. maybe the pendulum has swung a little bit too far, and we just need to reach calibrate, so we know that we are appropriately sending brady letters to those people who should get them, versus sending them out wholesale, because i know it is a big deal to officers in how they go forward in the rest of their import after they have gotten a brady letter, and it is hard to un-ring that bell. >> it looks like we definitely
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need the judge's opinion and then a department general order. this is for each of the relevant parties, so this is something that the commission should be doing within our realm of work. commissioner: would this be something with the jurisdiction of the department to meet with judge lowe? >> sometimes the commission is involved, and there will be a subcommittee or one or two people who will get involved in writing the dgo. it is up to us how involved we went to get, but it does, at the end of the day, and up in our laps. my personal opinion is the more involved we are in the process, the more informed we are, so the really important

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